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KRIM-KO CORPORATION v. COCA COLA BOTTLING CO. OF N. Y.

Patent Appeal No. 7897.

390 F.2d 728 (1968)

KRIM-KO CORPORATION (KRIM-KO DIVISION, the NATIONAL SUGAR REFINING COMPANY), Appellant, v. The COCA-COLA BOTTLING COMPANY OF NEW YORK, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 15, 1968.

Attorney(s) appearing for the Case

John Rex Allen, Chicago, Ill., for appellant.

Julius R. Lunsford, Jr., Atlanta, Ga., Francis Browne, Washington, D. C., for appellee.

Before RICH, Acting Chief Judge, SMITH and ALMOND, Judges, and WILLIAM H. KIRKPATRICK.

SMITH, Judge.

This proceeding involves appeals from the decision of the Trademark Trial and Appeal Board in Opposition No. 41,711, sustaining appellee's opposition to appellant's application to register "BEEP,"1 and in Cancellation No. 8,172 granting the appellee's petition to cancel appellant's registered composite mark "BEEP FOR BREAKFAST,"2 148 USPQ 396 (1965).

Appellant, the applicant-respondent...

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